Felonies are broken into different types or "classes" of offense. Speaker: Andrew Gay, Jr., Philadelphia Personal Injury Lawyer. This blog article is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice.
This would be the case if the weapon was concealed on one's person or nearby (between car seats). It is also important to realize that in addition to any hunting license, New York State also requires you to carry your NYS Pistol Permit and will not recognize permits issued by other states. If the police did not have probable cause to either conduct a traffic stop, search the vehicle, or both, then the weapons possession charge could be dismissed. There is a good chance the police are going to arrest Sam. Dismissal of Firearms Charges Based on Illegal Search. Betty has a defense to a possession charge because she made a mistake of fact. This is known as the exclusionary rule. For example, if you are found in constructive or physical possession of 30 grams or less of marijuana, you can serve up to 30 days in jail and be forced to pay a $500 fine if you are convicted. Example: Officer Jones works for a small town without many resources. How to beat a constructive possession of a firearm charge is likely. While character may or may not be an issue at a trial depending on if it is introduced during the course of a trial, the credibility of a witness is always an issue.
If the judge does not dismiss the case against Sam, Sam's attorney can drive home the point the prosecution has to prove its case beyond a reasonable doubt in the closing argument. Example: Bob lives alone, keeps to himself, and never has parties or guests. Police officers must follow strict protocols when gathering evidence against a suspect. The Court found that although Rowe made several distributions of heroin that added up to more than 1000g during the period of the indictment, he never distributed a kilogram, or more, in any single instance. You may also want to watch my video on this issue. Your best bet is to stay away from things that are illegal. Reviewing all those documents helps us establish who's at fault for your injury. What is Constructive Possession in Pennsylvania?: Lloyd Long Law Firm. Andy engaged in all the behavior that constitutes illegal possession. The court noted the absence of any evidence that indicated the defendant knew the cocaine was in his pockets. There are two aspects of "knowingly.
The first step in fighting your charge is learning about the different kinds of gun charges in the state of New Jersey. If you are charged with a gun crime in Pennsylvania it is important that your attorney focus on these 5 areas: - Use the preliminary hearing to obtain information to support pre-trial motions and trial defenses. How To Beat A Gun Charge In NJ | Breslow Law. No detail is too small when it comes to working with your lawyer. When I'm preparing for your criminal trial, I will look over every scrap of evidence that exists. In illegal firearm cases, courts generally find sufficient probable cause, meaning that dismissal at the preliminary hearing is unlikely.
Physical possession is relatively simply. • Criminal possession of a weapon in the first degree is a class B felony. When you've been charged with a gun crime in New Jersey, you likely have many questions. 29 S Walnut St. West Chester, PA 19382. The obvious answer is yes. When it is time to vote guilty or not guilty, the jurors may be swayed by the unprofessionalism of the police.
But because the gun was in your pocket, it is pretty clear to whom the gun belonged at the time the police stopped you, and you would have been in physical possession of the gun. Constructive possession is a legal doctrine which allows prosecutors to bring criminal charges and potentially obtain convictions for possessory offenses like drug possession and a Violation of the Uniform Firearms Act ("VUFA") in cases where the contraband was not actually found physically on the defendant. Lack of Criminal Intent. The law also allows for more than one person to have constructive possession of the same item. Prior to saying anything or cooperating with the police, we believe a better course of action is to consult with an experienced criminal defense lawyer. If your attorney has concerns about the calibration of the machine, the process used, or the credentials of the expert, you can hire a chemist. •The police bring a drug-sniffing dog up to the window of a house and the dog alerts. The cocaine was in the console between the driver and the passenger. How to beat a constructive possession of a firearm charge is considered. He abandoned the property. While having weapons in a home can be sufficient reason to arrest everyone on the premises, it is not always enough to convict all those present at the time the weapon was uncovered. The police are called and they find a bag of cocaine on a table. The process may reveal that the substance was tested several times until a positive result was obtained. Other factors could also affect sentencing. The prosecution may try to allege a defendant constructively possessed a controlled substance in numerous situations.
Crimes classified as second-degree gun felonies include possession of a weapon for an unlawful purpose and illegal handgun possession. While that may be true, sometimes clients don't understand what possession means. Possession of that weapon, the firearm, can be proven in several different ways. Constructive possession means that a weapon was found in an area close enough to you to be under your immediate control instead of you having it on your person. Without the defendant admitting so, the prosecution often must utilize evidence and witnesses to argue that such intent existed. Similarly, if a police officer thinks you look suspicious when you drive past him or her but does not see you commit any type of traffic offense, that is also not enough to support reasonable suspicion to stop your vehicle. Request a free consultation today. How to beat a constructive possession of a firearm chargé de mission. Evidence obtained as a result of an illegal search cannot be used in the trial, however, whether the evidence is illegal or not is determined by a judge after arguments from both you and the prosecuting attorney. A break in the chain of custody occurred since the analyst was not present to explain what happened to the substance while it was in his possession. Just as you cannot assume policies regarding the chain of custody were followed, you cannot assume proper laboratory procedures were followed to determine if a substance is a controlled substance. You thought the gun was securely locked in a case or safe.
Registration is not technically required in the state of New Jersey. State courts from different states may reach different results on similar facts. When police lawfully arrest someone, the areas accessible to the arrestee can be searched incident to the arrest. For a search to be considered valid during a vehicle stop, the driver must consent to the search. She violated other protocols such as forging the initials of evidence officers and removing samples from the evidence locker and postdating entries in the evidence logbook. 5 Ways a Criminal Defense Lawyer Can Fight Gun Charges in Pennsylvania. The pills are Percoset. The officer finds cocaine.
In that type of case, the main defense to a gun charge would usually be a motion to suppress – if the police stopped and searched you illegally, then the evidence could be excluded and the case dismissed. If the narcotics were kept in vials with fake pharmaceutical labels on them, and the defendant believed in good faith that the drugs were obtained by prescription, then prosecutors may not be able to establish this element beyond a reasonable doubt. The Constitution guarantees a defendant the right to confront his or her accusers at trial. Legalities of Hunting in New York State. If the police arrest you and find the gun in your pocket, then they can properly charge you with a weapons offense. I have written previous articles on actual versus constructive possession and I encourage you to read them. CONSIDER A DIVERSION PROGRAM IF ONE IS AVAILABLE.
To win a motion to suppress physical evidence, you must demonstrate to the court that the manner in which the police obtained the evidence (i. e., a weapon or narcotics) was by violating your rights under the Pennsylvania or Federal constitution. So, Andy acted responsibly. Challenge a Bad Warrant. However, the belief the pipe probably belonged to Sam is not enough.
J. S. "I hired Zachary after I found myself charged with a felony. And given the potential harsh consequences of a conviction for Possession of a Firearm by a Felon, you and your matter deserve the attention of an experienced criminal lawyer. "Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don't see very often these days. 05, a minor in possession of a firearm, including air guns and spring guns, can be charged with Unlawful Possession of a Weapon by Persons Under Sixteen. Example: Rick shares his home with three roommates. In most cases, a person is allowed an exception to New York's weapons possession rules. Assumptions and prejudices simply do not stand up when a defense attorney argues a case to a disinterested jury. In some states, only first-time offenders charged with misdemeanors are eligible, while others permit persons charged with more serious offenses or with prior records to participate. 2 (VUFA) all of which are felony offenses in the Commonwealth. If successful, the Exclusionary Rule will apply, and the evidence is omitted at trial. The key to proving dominion and control is to establish the defendant's ability and intent to control the drugs.
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